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Under the Police and Criminal Evidence Act, 1984, an arresting officer in the UK has to caution the suspect that anything they say may be taken as evidence and used against them in the court of law. This means they have the right to remain silent and not incriminate themselves. However under certain circumstances (such as an extremely drunk or violent suspect) this caution does not have to be given straight away, but must be done so before the detainee is interviewed.
Added: (in the US) In conformance with the rulings emanating from the US Supreme Court ruling in 'Miranda v. Arizona,' when the questioning of a suspect not in custody passes from the 'fact-finding' stage and reaches the 'accusatory' stage, it is required.
For an actual arrestee - although they are usuallyinformed of their "Miranda rights" as soon as is practicable after they are placed under arrest, it is not required by law until the custodial questioning about their alleged offense actually begins.
It is not unusual for an arrestee to be 'advised' several times (i.e.: at the time of their arrest, usually by the arresting officer), as well as once again (by investigators) prior to the beginning of their actual questioning.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoMiranda Warning :
"The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him."
Wiki User
∙ 12y agoThe police do not just have the right, but they are required by law to advise all suspects of their rights. Immediately after stating that you want a lawyer present, they MUST not continue questioning you.
Wiki User
∙ 15y agoOnly if they are going to interrogate you or if it's a felony.
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